KU declines to release details of Mangino’s settlement agreement for now, says deal is not finalized

Kansas University athletic director Lew Perkins talks with media members outside the Anderson Family Football Complex on Thursday as he answers questions regarding the resignation of head coach Mark Mangino.

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The Lawrence Journal-World, 6News and LJWorld.com have filed a Kansas Open Records Act request with Kansas Athletics Inc. to obtain a settlement agreement with football coach Mark Mangino. Enlarge video

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Civil remedies to enforce Kansas Open Records Act

45-222

Chapter 45.--PUBLIC RECORDS, DOCUMENTS AND INFORMATION

Article 2.--RECORDS OPEN TO PUBLIC

45-222. Civil remedies to enforce act; attorney fees. (a) The district court of any county in which public records are located shall have jurisdiction to enforce the purposes of this act with respect to such records, by injunction, mandamus or other appropriate order, in an action brought by any person, the attorney general or a county or district attorney.

(b) In any action hereunder, the court shall determine the matter de novo. The court on its own motion, or on motion of either party, may view the records in controversy in camera before reaching a decision.

(c) In any action hereunder, the court shall award costs and a reasonable sum as an attorney's fee for services rendered in such action, including proceedings on appeal, to be recovered and collected as part of the costs to the plaintiff if the court finds that the agency's denial of access to the public record was not in good faith and without a reasonable basis in fact or law. The award shall be assessed against the public agency that the court determines to be responsible for the violation.

(d) In any action hereunder in which the defendant is the prevailing party, the court shall award to the defendant costs and a reasonable sum as an attorney's fee for services rendered in such action, including proceedings on appeal, to be recovered and collected as part of the costs if the court finds that the plaintiff maintained the action not in good faith and without a reasonable basis in fact or law.

(e) Except as otherwise provided by law, proceedings arising under this section shall be assigned for hearing and trial at the earliest practicable date.

(f) The provisions of subsections (c) and (d) concerning the awarding of costs and attorney fees for services rendered during an appeal shall apply only to actions which are based on causes of action accruing on or after July 1, 2004.

The Lawrence Journal-World, 6News and KUsports.com have filed a Kansas Open Records Act request with Kansas Athletics Inc. to obtain details of the settlement agreement reached with football coach Mark Mangino.

Jim Marchiony, associate athletics director, after initially refusing to release the records, responded to the request shortly after 5:15 p.m. on Friday.

He said the settlement agreement had not yet been finalized, and suggested the request be filed again in 10 to 14 days.

He refused to discuss details of the settlement, but said that when the document is finalized, Kansas Athletics would comply with open records laws.

“We don’t really know what those laws are right now pertaining to this document until it’s finalized,” he said.

Doug Anstaett, executive director of the Kansas Press Association, said in an e-mail that Kansas state law since 2005 has been that any contracts or agreements that include compensation, whether they include public or private money, are a public record if the money is received because of the person’s public position. Along with the KPA, the Journal-World was one of the media organizations that filed the lawsuit that led to the law.

“What’s especially troubling about this latest attempt at stonewalling is that the university and its athletic corporation lost a lawsuit in 2004 when it refused to divulge (athletics director Lew) Perkins’ own compensation package, even though much of it came from private sources,” Anstaett said. “After that successful lawsuit, the Kansas Legislature passed a change to the Kansas Open Records Act that was affectionately labeled the ‘Lew Perkins Provision,’ and it opened up any and all agreements that affect compensation, even supplemental settlement agreements.”

He said it was “ludicrous” to try to hide this information from the public and that the parts of any separation agreement that refer to how Mangino will be paid are open records and should be immediately released.

The request filed Friday also requests that the athletics corporation release the results of an investigation into Mangino’s conduct as coach.

The athletics corporation denied access to those records, claiming they were directly related to job performance, and exempt from disclosure under the open records law.

"even though much of it came from private sources" I'm not doing well on wording these questions, so bare with me: Could someone educate me on if/how these millionaires are state employees since they work at the state funded university? I've always been curious as to how these things are done. I understand that our tax dollars aren't paying them (is that correct?) but I'm not sure where their salaries are coming from. There are teachers and researchers at KU worried about their funding, but we're supporting several well-paid athletics instructors? Help! I don't get it.

Is it really necessary to drag all of this into the public domain? Is it really anyone's business as to what is included? The man has been disgraced. He has lost his job. This is just another in a series of "I don't like Lew so lets stick it to him" actions by Dolph and the World Companies. maybe Dolph would like to publish his Federal Tax 1040 so as to be fair.

I know with basketball and football coaches, their "salaries" are only a portion of their income. The universtiy helps to arrange endorsement deals, radio shows, TV shows, etc., to fill out the coaches "income". This is how they put together a package to pay a coach to be competitive with other universities. It's standard practice.

The university knows that at some point they'll likely be forced to release the information, but I don't blame them for attempting to keep it under wraps. What's the benefit to the school to release this informaiton? None.

I think if we are to ever learn anything from that cowtown to the west (Manhattan) this is the time. When Prince was fired from there the people demanded to know the details of his firing and uncovered a secret clause that would pay him millions of dollars over a period of time. Lets hope that KU did not take notes from these shady contract negotiations. The people need to know where their tax money and Williams funds are going.

No tax deductions for gifts to the athletic corporations. Really simple. The rest of us are funding a couple of pro sports franchises. If they want to be private entities, then no tax deductions; otherwise, a full public accounting.

Here's a possibly relevant portion of the bylaws for Kansas Athletics Inc.:

"Kansas Athletics Incorporated, A Kansas Not-For-Profit corporation, operates under the administrative jurisdiction of the University of Kansas, and is subject to all regulations and administrative policies of the university."

NCAA Manual:
2.1.1 Responsibility for Control: It is the responsibility of each member institution to control its intercollegiate athletics program in compliance with the rules and regulations of the Association. The institution’s president or chancellor is responsible for the administration of all aspects of the athletics program, including approval of the budget and audit of all expenditures.
2.1.2 Scope of Responsibility: The institution’s responsibility for the conduct of its intercollegiate athletics program includes responsibility for the actions of its staff members and for the actions of any other individual or organization engaged in activities promoting the athletics interests of the institution.

http://www.ksag.org/files/koraoutline2009.PDF provides good outline on the rules for the open record law. Note that this law does not apply to private entitites. So it applies to records that KU ( a public agency) has, but will not apply to records that a private entity possesses. Which begs the issue, what entities possesses the requested records, and is that entity a public agency or not?

This is all "second verse, same as the first." Just like in 2004, the LJW and KPA will take the KUAC to court, and the judge will find in favor of the plaintiffs.

And, of course, KU Athletics will provide the settlement information demanded. The only question is, which media outlet will receive that information first? It will NOT be the J-W, let me tell you. It will likely be the KC Star or the Topeka C-J that will "scoop" the J-W on this. Mark my words.

It's just amusing that Perkins and the KUAC "used" the LJ-W throughout the Mangino witch hunt. Now the deed is done, Perkins has no use for the J-W and the status quo is reinstated. I just wonder if Dolph and his buddies got seat upgrades out of getting used!

If the settlement agreement utilizes typical language and provisions, both parties agree to keep the terms of the settlement confidential. Confidential settlements can, however, be set aside and the terms disclosed upon order from a Court of competent jurisdiction.

Given the above, Kansas Athletics' refusal to disclose the terms may be mere compliance with the terms of the settlement, while knowing it will generate an Open Records request and thus a Court order.

Now that the lawsuit has been filed, it sounds like KUAC is going to release a "sanitized" agreement. It was apparently good enough to get Mangino to agree to resign yesterday, but suddenly it's not good enough to release under an Open Records request today. Maybe they'll try to re-write it so all the money goes to Mrs. Mangino, thinking that'll get them around the disclosure requirement.

Wow-lots of "stuff" going on here. The power of the press rules here I guess. Do we really think all this is going to make a difference? Mangino is gone - that's the bottom line. Long live the new coach. However, remember a few short years ago when no one cared about KU football. That's Mangino's KU legacy.

I am amazed that with the exception of a few comments; most are written in drudge language. That's impressive!

He said the settlement agreement had not yet been finalized, and suggested the request be filed again in 10 to 14 days, well that means around Christmas when government offices and University of Kansas is on break and CLOSED.

Some of these large salaries may well be coming on the backs of local taxpayers. In order to maintain such funding multiple sources are likely demanded.

Each time a home is played abroad in order to rake in more dough for KU athletics it hurts Lawrence,Kansas sales tax revenue generation. Local business people are impacted so I would say yes we need to bring home games home. Think tax increases to make up for the revenue our fair city once had to fill the local cookie jars.

Just knew the gym class flunkies would show up on this. The problem with your elitist view, rip, is that college athletics actually benefit the entire university community. I've posted the studies before. Do I need to do it again?

I don't mean this as any disrespect toward Athletic Director Perkins or former KU football coach Mangino. But what confuses me about this "compensation" issue is that there's a discussion of compensation at all.

Mr. Mangino did not get fired, he resigned. Had he been fired with years remaining on his contract then, yes, he would be owed compensation, but only if that feature were built into his contract.

But he resigned. So I don't understand how a person can voluntarily resign from a job -- any job -- then keep getting paid for work he won't be doing. Keep getting paid for work he would have done had he not quit.

As I understand this, Mr. Mangino resigned with time still left on his contract. Continuing to pay someone -- anyone -- after they've quit their job, this doesn't make sense. If taxpayers end up footing the bill on this, it's because of sloppy contracting work by the Athletic Department, and even sloppier contract oversight by the University.

Time to move on. Mangino's gone; Lew is staying. Is anyone really shocked university athletics is big business? Without major sports KU would receive far less money and recognition. Without KU Lawrence would resemble Eudora or, if it were lucky and had a little private school, Baldwin. There are bigger fish to fry. To cite one prime example, the Legislature hopes to turn KU into a second-class institution by deliberate underfunding. Now that's worth getting excited about.

Football has had a good run...maybe its time to just stop. People apparently get to wrapped up in stuff that just doesnt matter. Less traffic in town....more time to focus on real things that matter in life. Sure a few less hot wings and a few less beers are sold but people will find something else to spend money on.

As Noam Chomsky says "Take, say, sports -- that's another crucial example of the indoctrination system, in my view. For one thing because it -- you know, it offers people something to pay attention to that's of no importance. That keeps them from worrying about...keeps them from worrying about things that matter to their lives that they might have some idea of doing something about. And in fact it's striking to see the intelligence that's used by ordinary people in [discussions of] sports [as opposed to political and social issues]. I mean, you listen to radio stations where people call in -- they have the most exotic information and understanding about all kind of arcane issues. And the press undoubtedly does a lot with this.

You know, I remember in high school, already I was pretty old. I suddenly asked myself at one point, why do I care if my high school team wins the football game? I mean, I don't know anybody on the team, you know? I mean, they have nothing to do with me, I mean, why I am cheering for my team? It doesn't mean any -- it doesn't make sense. But the point is, it does make sense: it's a way of building up irrational attitudes of submission to authority, and group cohesion behind leadership elements -- in fact, it's training in irrational jingoism. That's also a feature of competitive sports. I think if you look closely at these things, I think, typically, they do have functions, and that's why energy is devoted to supporting them and creating a basis for them and advertisers are willing to pay for them and so on."